Fannie Mae-No Politics (FNMA)

[navycmdr]

Bryndon Fisher - 3:29 PM (3 hours ago)

Hey everyone, I’m more than happy to answer anyone’s questions about our two lawsuits; and, if I can’t answer your question due to confidentiality reasons, I’ll just simply let you know (nicely, of course).

So, here’s the latest on our lawsuits. Like Fairholme’s derivative claims, our two complaints (which have been exclusively and consistently derivative from the very beginning) survived the government’s motion to dismiss. Which means we are, technically, cleared for trial.

However, also like Fairholme, we’re going to petition the U.S. Court of Appeals for the Federal Circuit in order for the tribunal to weigh in on both standing (the succession clause) and subject-matter jurisdiction (FHFA as a government actor rather than a private actor). And Mr. Reid, Mr. Shipmon, and I agree with our counsel that in order to fairly, accurately, and vigorously defend our derivative position and that the FHFA is clearly a government actor, we need to actively participate in the interlocutory appeal process.

Our judge agreed, and certified our motion for interlocutory appeal. If the tribunal agrees with Chief Judge Sweeney that this Fifth Amendment violation is derivative and the FHFA is a government actor, then it will help to accelerate the process to resolution. Our petition is due by June 22nd.

I hope this helps to answer some questions. If you have any more, just ask away.

Cheers, Bryndon

P.S. I have attached a PDF of our last filing made before Chief Judge Sweeney granted our motion to certify for interlocutory appeal. It explains very clearly why we need to participate in this particular appeal process.